DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 5791-01
31 January 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 January 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that on 7 October 1975 you were
The Board found you enlisted in the Navy on 7 March 1975 at the
age of 17.
convicted by civil authorities of first degree arson and
sentenced to confinement for five years.
were convicted by civil authorities of unauthorized use of a
vehicle and were sentenced to confinement for five years.
sentence was to run concurrently with your prior conviction.
On 28 January 1976 you
This
On 13 August 1976, while in the custody of civil authorities, you
were notified of pending administrative separation action by
reason of misconduct due to civil conviction.
with legal counsel you elected to present your case to an
administrative discharge board (ADB).
waived your right to an ADB in lieu of a recommendation for a
general discharge.
you be separated with an undesirable discharge by reason of
misconduct due to civil conviction.
On 3 November 1976 the
discharge authority directed a general discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with civilian authorities,
and on 22 November 1976 you were so
discharged.
However, your commanding officer recommended
On 22 September 1976 you
After consulting
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you served
However, the Board concluded these
your country honorably.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your misconduct in the civilian community.
the Board noted that individuals separated by reason of
misconduct are normally discharged under other than honorable
conditions and concluded that you were fortunate to receive a
general discharge.
Given all the circumstances of your case, the
Board concluded your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
Further,
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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